By Kaitlin Sommer
The emergence of social media has impacted our mental health in a way more complex than we may understand for hundreds of years. U.S. Surgeon General Murthy has called for warning labels on social media to remind users that this has not been proven safe.[1] Further, adolescents who spend a significant amount of time online are at risk for anxiety and depression.[2] So, what about the companies behind these platforms? What liability do they have, if any, to the effects of social media on the general public?
Currently, there is an ongoing lawsuit by more than 40 states who are suing Meta, one of the largest operators of several social media platforms.[3] The claims under this lawsuit are that Meta is responsible for harmful features such as “recommendation algorithms, social comparison features, infinite scroll, notifications and alerts, and photo filters” which all have negative links to addictive behavior and mental health conditions, like body dysmorphia.[4] This lawsuit requests remedies such as fines, penalties, and orders to stop using some problematic features.[5]
Additionally, there is litigation in one California court assessing the liability social media companies have about the potential effects on mental health.[6] The plaintiffs argue that failure-to-warn claims should be applied without a physical product at issue, and this would just be the law evolving to keep up with the times.[7] Opposing counsel argues this type of product liability is not applicable, since it tailors the experience to each user.[8] Similar lawsuits have been filed by parents, school districts, and attorneys general (AGs), claiming similar injuries.[9]
What About the Kids:
This question is being challenged specifically on behalf of children, and the impact it has on their development. New York, California, and Utah have passed similar laws allowing parents to have greater control over their children’s algorithms and social media uses.[10] California’s law defines an “addictive feed as a website or app in which multiple pieces of media generated or shared by users are … selected or prioritized for display to a user based … on information provided by the user.”[11]
TikTok’s defense to claims that it is misleading and threatening to adolescents is that they have already provided the safeguards necessary.[12] These protections include removing suspected underage users, “default screen time limits, family pairing, and privacy by default for minors under sixteen.”[13] The response from the New Jersey AG is that the safety features are misleading for parents, and the time restraints can be easily bypassed through passwords or eliminating the limit.[14]
The ongoing litigation for liability in the social media space will set up future standards for how seriously we take threats to our mental health. The resolution of these legal challenges could set important precedents for accountability in the tech industry while balancing a First Amendment right to free speech on these platforms.
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[1] Cristiano Lima-Strong and Aaron Gregg, Surgeon General Calls For Social Media Warning Labels, The Washington Post (Updated June 17, 2024), https://www.washingtonpost.com/technology/2024/06/17/surgeon-general-social-media-warning-labels/.
[2] Id.
[3] David Goguen, Lawsuits for Social Media Addiction and Mental Harm, Nolo.com (Updated September 18, 2024), https://www.nolo.com/legal-encyclopedia/lawsuits-for-social-media-addiction-and-mental-harm.html.
[4] Id.
[5] Id.
[6] Rachel Scharf, Social Media Apps Don’t Need User Warnings, MDL Judge Told, Law360 (October 10, 2024), https://www.law360.com/cybersecurity-privacy/articles/1889256/social-media-apps-don-t-need-user-warnings-mdl-judge-told.
[7] Id.
[8]Id.
[9] Id.
[10] Sophie Austin, California Governor Signs Law to Protect Children From Social Media Addiction, AP News (September 21, 2024), https://apnews.com/article/california-social-media-addiction-children-law-bc649326701f892a16be1159bc008d71.
[11] Id.
[12] George Woolston, AGs Slam TikTok With Youth Addiction, Fraud Claims, Law360 (October 8, 2024), https://www.law360.com/media/articles/1887891/ags-slam-tiktok-with-youth-addiction-fraud-claims.
[13] Id.
[14] Id.